Challenging Denver's Pit Bull Ban
Posted by Megan A. Senatori, ALDF Volunteer Attorney on June 10th, 2009
The United States Court of Appeals for the Tenth Circuit recently released an important decision allowing a case challenging the City of Denver, Colorado’s pit bull breed ban to move forward. The Animal Legal Defense Fund was part of the successful effort.
The history of the Denver pit bull breed ban is long and complicated. The ban was originally enacted by the City of Denver in 1989. Shortly after its enactment, a group of dog owners and humane associations challenged the constitutionality of the ban. The case ultimately was heard by the Colorado Supreme Court, which rejected the challenges and upheld the ban. Colorado Dog Fanciers, Inc. v. City & County of Denver, 820 P.2d 644 (Colo. 1991). Since then, numerous other legal challenges to the ban have been mounted. However, to date, those challenges have been unsuccessful.
In Dias v. The City & County of Denver, three plaintiffs sued the City of Denver, the County of Denver, and certain officials in the District Court of Colorado under 42 U.S.C. § 1983 challenging the pit bull ban. In the lawsuit, the plaintiffs, all of whose companion dogs had been targeted by the City of Denver, alleged that the breed ban was vague on its face and deprived them of procedural due process, substantive due process, and equal protection of the law. The plaintiffs contended that since May 9, 2005, Denver has impounded and killed at least 1,100 dogs pursuant to the breed ban. The plaintiffs sought to invalidate the ban and recover damages for the expenses they incurred in moving out of the city to comply with the ban. Early in the case, Denver moved to dismiss the action. Without allowing any oral argument, the United States District Court for the District of Colorado dismissed the case. The plaintiffs appealed to the Tenth Circuit.
Before the Tenth Circuit, ALDF filed an amicus curiae (“friend of the court”) brief in support of the plaintiffs, highlighting for the Court the close bond between humans and their dogs. The goal of the amicus curiae brief was to stress to the Court the significant and important stakes the case presented for consideration. Under the breed ban, companion dog owners in Denver have been deprived of the companionship of their dogs for no other reason than the fact that their dog either was a pit bull or was perceived to be a pit bull. The Denver ordinance requires no showing that the dog presents a danger or risk to human safety in any respect. Rather, the ban is solely based upon the breed, or perceived breed, of the dog. ALDF does not support breed bans.
Last month, the Tenth Circuit issued its opinion which, among other things, reversed the District Court for dismissing the plaintiffs’ substantive due process claim at such an early stage of the litigation. The Tenth Circuit noted that the plaintiffs’ legal challenge to the statute was not controlled by the numerous other decisions rejecting challenges to pit bull bans. This is because the plaintiffs contended that although pit bull bans may have been justified 20 years ago by the then-existing body of knowledge, the state of science in 2009 no longer supports continuation of the ban. The Tenth Circuit noted that the plaintiffs’ claim found some support in the American Kennel Club and United Kennel Club standards themselves, which describe the American Pit Bull Terrier as an “extremely friendly” breed and “excellent family companions.” Therefore, while not ruling on the merits of the plaintiffs’ legal challenge to the ban, the Tenth Circuit reversed the District Court’s dismissal of the case and remanded the case for further proceedings.
Given the Tenth Circuit’s ruling, the case will now proceed in the District Court, where the plaintiffs will be able to present their case that the Denver breed ban is not rationally related to a legitimate government interest. In other words, the plaintiffs will be arguing that while protecting the public from dangerous dogs is an important goal, the Denver breed ban is an irrational way to serve that goal and, therefore, should be unlawful.
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As the owner of pitbull, I can atest to their friendlines, their intelligence and their need for affection and close human companionship. Pit bull bans are ignorant, pointless and cruel.
Will someone please tell me all of the cities and counties in Colorado that have banned pit bulls? I have a relative who is going to move to Colorado and we need to know the areas that do not allow them. I used to think pit bulls were mean dogs but I found out that there are good and bad in all. This pit bull is THE SWEETEST dog ever!!
Does anyone know when the courts will be voting on this and if the public can have any say?
I am a pit-bull mix owner of five years and my dog is loving and wonderful. I am applying for jobs across the country and have some prospects in Denver. I wonder how this would hold up (Constitutionally we have the right to move from State to State without undue burden) if I were to move to Denver for a job? I don't think I can risk having her 'destroyed' to prove a point though.
There are no bad and dangerous dogs, only bad, mean, dangerous and criminal humans! If Denver bans pit bulls perceiving them as dangerous, why not ban drunks for killing people, gun owners, lunatics (particularly politicians), etc., etc., etc.
"Daddy" the pit bull is the balanced mentor dog used by The Dog Whisperer, Cesar Millan, when he works on cases of dog behavior issues. The breed is not the problem. The problem is how the so-called caretakers are taking care of the dog. Come-on Colorado politicians! Don't be so ignorant about this! Undo the mistake of banning the breed.
Pitbulls may be loving to their owners, but that doesn't mean they're not vicious to strangers or other dogs. Here in the Bay Area, where pitbulls are allowed, we see people and other animals attacked all the time -- sometimes mauled -- by pit bulls they're adoring owners refused to take responsibility for. As someone who's been chased and threatened by pitbulls when walking down my street or in my park (where I had to give up walking), I don't care if pitbulls are loving to their families. That's the problem with kennel clubs and dog owners -- the rest of the world doesn't exist when it comes to their animals. I'm sure many of these vicious pitbulls were very sweet -- to their owners. Pitbull owners blame the victims -- their denial is disgusting and outrageous. Allowing such people to have pitbulls is like giving mentally disturbed people assault weapons.
To Pit-bullied: I have to say that I don't think it is fair that you can say that you've had to give up walking in the park because you feel threatened by the pit bulls in your neighborhood. I am the owner of 2 pit bulls, and my dogs are not only friendly to my family, but also to people they don't know, who we encounter on our evening walks. And as a matter of making a point about the problem with the owners vs. the problem with the breed I will tell you that I have been attacked by 3 dogs in my lifetime, and none of them have been pit bulls. My brother lost part of his right hand protecting me from an attack by a german shephard, and those are what are used as police K-9 officers! Now I'll be the first one to admit that I never leave my pit bulls alone with my children, but that should go without saying for any breed. ANY BREED AT ANY TIME CAN TURN ON IT'S MASTER. The problem here is that pit bulls are targeted because they have the capability for more damage, even though they are far from the top of the list of aggressive breeds. I wonder if anyone stopped to think about the fact that Chihuahuas are more aggressive, before they decided to start sticking them in their purses?!? I consider myself to be a responsible pit bull owner. Both my male and female are fixed, so we won't run the risk of people getting our puppies for fighting purposes, I keep up on all their shots including rabies, and I keep them inside until it's time for a potty break in which case they are always on a leash anyway. As I have said before, I NEVER leave them unattended with my children, even though they are in their teens. All of these precautions I take, and my bulls are still targeted. And no one even realizes that my 3rd dog (a miniature greyhound) is actually way more aggressive.
Oh, and by the way, more than likely, the park is a public park and not YOUR park...
To pitbullied: I totally disagree with your contention that pitbulls are not to be trusted. Unlike their human counterparts, i.e. Michael Vick et al. Dogs are not untrustworthy. Virtually all the pitties that were horribly abused by this sociopath have been rehabilitated and have new homes. To exclude a whole breed, which by the way, is an ancient breed, because you are afraid means perhaps you should get some help from a good therapist to deal with your irrational fears. It is fact that most dog bites in the U.S. are not from pits. Rather, from a variety of dogs who have mostly been harassed by the two-legged vAriety. You see, people such as yourself spread fear and hatred like a wildfire out of control and then others pick up on it and pretty soon, erroneous beliefs become true and a breed, or people of color or religion etc. are not welcome. Not because of them, but because of you.
Pit-bullied - You clearly illustrate your ignorance just like that of much of the general public when it comes to dog breeds. In an ever-increasing number of alleged pitbull attacks, investigation has shown the the dogs involved were not pitbulls or pitbull mixes, but in fact completely unrelated breeds. Pitbulls, bull terriers, staffordshire bull terriers, and other similar breeds of dogs are not naturally human-aggressive like protection breeds such as German Shepards, Akitas, Rotts, Dobbies, etc. Additionally, the breeds most likely to bite humans are Chihuahuas and Yorkies not pitbulls. The problem with dangerous dogs are bad, irresponsible owners not any particular breed! There are good and bad representatives of every dog breed. I urge you to go visit a responsible pitbull breeder or owner. You will see how loving and sweet pitbulls are to all humans. Breed bans are useless! Punish the deed, not the breed!
In an ever-increasing number of incidents of alleged pitbull attacks, investigation has shown that the doggie culprits were not pitbulls or pitbull mixes, but other unrelated breeds. Pitbulls and related breeds are NOT naturally human-aggressive as are protection breeds such as German Shepherds. The breeds most likely to bite humans are Chihuahuas and Yorkshire Terriers. The problem with dangerous dogs are bad, irresponsible owners not particular breeds. There are good and bad representatives of every breed. Punish the deed, not the breed!
It's not a 'my dog does this' type of thing. THIS is a problem of the lack of owner responsibility, the apathetic council members, and their zealot city attorney (and the fact that he lends himself to 'other cities' to teach them to ban). There IS truth backing the fact that breed bans do not work. There IS truth that any dog can be responsibly managed. People need to be held responsible for the actions of their 'charges' be it a child or a pet. It doesn't matter what type of pet. Owners should be held strictly accountable and be slapped with brutal, drop them to their knees, fines should their pet be found uncontained or unleashed or out of voice control. Voice control, incidentally, is calling your pet and, regardless of what or where they are, they spin around and come flying back to their owner no matter what. MOST (I'd guess over 90%) pet owners have NOT got this much of a relationship with their pet. Most pet owners do not do the work involved in having off leash reliable animals. This wouldn't be a big deal if they'd keep their pets leashed. This is where fines come into play. It applies to all owners of whatever type of pet it is. YOU are responsible for what your dog does. YOU. Not the situation, not the dog. The right track for Kory Nelson and his lazy crew would have been to enact swift, financially staggering policy that would hold accountable the owners. They didn't. They banned a breed and it did NOT cut down on the # of dog bites in the city. It's lazy, it's bias. It's expensive. It's unfair policy. Most organizations, including the CDC, the AVMA, the AKC, UKC and the ADBA along with the AHA, and the ASPCA are against the idea of banning or restricting pet ownership based on breed. Indeed, the STATE of Colorado does not support the idea of a breed ban. Just so you know: Kory Nelson did not defend the city's right to BAN, he successfully defended the city's right to home rule so the ban Denver enacted was upheld. To you Kory and Council: Unless you can sit in a shelter room and watch dog after dog after dog be put to death for nothing more than having a square head, you should NOT have the ability to make such a decision. You are gutless and you lack soul. Karma WILL catch up with you. Thank you ALDF and keep at it! Kirstan Sanders (and, of course, the pit bulls).
d - I know it's a little late to respond to your post, but here is a link with the cities that have banned certain breeds in Colorado. http://www.understand-a-bull.com/BSL/Locations/colorado.htm I hope that justice is served one day and that the owners are held accountable, not the breed. My pit has been attacked 3 times by mini pinchers. All 3 times he shook his head and they flew off, meanwhile their owners got mad at me. Another instance at a dog park fight; my pit came back and sat by me while all the other owners struggled to get their dogs out of the fight. At the conclusion of the dispute, many owners came over to me in disbelief because they had feared for their dogs life (because they knew my dog would destroy them). Before we left they wanted to know why he behaved so well. TRAINING! Thank you to all the folks working to protect my kid. My grandma's nursing home thanks you as well.
To Pit-bullied: I challenge you to own a pit bull yourself to truely understand their sweet nature. "You don't know until you try". Watch the Dog Whisperer on National Geographic channel, Its Me or the Dog on Animal Planet, read breed specific books, spend some time with pit bulls to get a clearer picture. Please educate yourself before you make a sweeping generalization for the entire breed based on your experience in a park. You are entitled to your opinion, but make sure that its an educated one.
Well, I guess it's my time to speak about this a little. I am a dog man. Have always been one. I have game dogs, house dogs, horses, cats, birds, fish, and even turtles. They all live together. My game dogs go hunting with me (boar) and they are old world blood (fighting stock). This means, that they come from some of the best blood in the world, (colby, jeep, snooty, alligator). Now if I was a man who fought his dogs, I would say I have some of the best dogs for it. However, I don't. I live with my family in Calabasas (in Los Angeles county). I use them for boar hunting which one of my monthly activities. These dogs are left alone with my children, sleep in my bedroom (and the kids rooms), protect my house, love my family, and are just as much a family member as anyone else. All of my animals get along and love each other because we created that environment from the very point they entered my property. Aggressive behavior is discouraged. Tranquility in the house is rewarded. It's just that simple. So, bottom line, treat your animals as such and all will be well. Encourage agressive behavior and your result will be an aggressive dog. If you are a young teen or an adult who is insecure and needs a tough looking and acting dog to feel powerful, then you should be euthanized for your incompetence in the human race. To people in states that their dogs are taken away or have been taken from them: I sympathize with you greatly. If someone were to come to my door to take away any animal I own, you would have to do it taking my life, because you would be met with an arsenal. I would fight to the death before you would claim any one of my dogs, as it would be like taking a child of mine. From one dogman to another. Lord B
I know it's late to add to this post. But as a first time pit bull owner I have two of them. My two pits have never harmed me or anyone that I know in any way. My oldest pit Ceaser is almost two and he's wonderful with childern and he's never left unattended with them. Ceaser isn't dog aggressive towards other dogs either, nor is he aggressive towards his brother Bronx which he's only 8 weeks old. As a responiable pit bull owner, I socialize my puppies as earlier as four to six weeks of age, with people, childern, and other dogs and even cats and ect. So my point is, it's how you raise any dog, not just the pit bull breed.
I think that pitbulls are very friendly dogs. Ignorant people like Michael Vick are to blame. Ignorant people need to be punished NOT the dogs. I have 6 pitbulls and I can take them anywhere and I have no problems with them. They come into my house and play with my cat and they show no aggression. I am angry for what Denver, Colorado is doing to pitbulls and it needs to be stopped. We as pitbull owners need to stand up for the right of the dogs and fight against those who no longer want them living. Think about it if someone hit you and beat you everyday would you attack others or love others. Same goes for the dogs . If you hit a dog everyday any dogs they are not going to be nice. That goes for any breed of dog. Please as animal lovers help stop the punishment of the dogs and stand up for there rights.
To Missy Hamilton: Yes, any breed can turn on its owner. But there are few breeds that have the strength a pit bull does if it does decide to snap. On a more general note: While I totally agree that it has more to do with pit bull owners than the pit bulls (many of which I have seen on the news after maulings seem to be the type that can't seem to accept any responsibility), until we have some sort of system to completely remove irresponsible owners from the mix, I am not against the ban. They can be dangerous dogs in the right hands, let alone the wrong ones. Let me know when that happens, and then maybe I'll change my opinion.
Andrea, by that logic we should also ban cars, knives, guns, and over the counter medications as any irresponsible idiot can use these to harm other people. Would you give up your car because some people are irresponsible with them?
That logic is absurd, Andrea. ........I am the owner of a pit bull mix and i live in Denver. I moved here not knowing about the ban until it was too late to back out. I have to HIDE my best friend and drive an hour away to let him off his leash to run around!! This ban is rediculous. My dog gets along great with all dogs, children. He doesn't need a leash and is very well trained. I can't walk him down the same street I was walking down the night that my neighbor's chow bit ME!!!